Ban on Share Tenancy in Agrarian Reform Lands

Batas Pambansa Blg. 869
A Philippine law prohibits share tenancy or agricultural leasehold relations in lands acquired under the agrarian reform program, imposing penalties for violations and allocating forfeited land to deserving citizens.

Coverage and affected landholdings

  • Section 1 covers lands acquired under PD 27 and RA 3844, including lands governed by the amendments and related laws RA 6389, RA 1400, and CA 539.
  • Section 1 covers lands acquired under the resettlement program administered and disposed of by the Ministry of Agrarian Reform.
  • Section 1 also reaches future acquisitions under any agrarian reform program of the government.
  • Section 1 limits the exception only to leasehold relations existing at approval and only through the end of the agricultural year.

Offense: prohibited establishment and liability

  • Section 2 imposes criminal liability on the owner of the land covered by Section 1 who violates the Act.
  • Section 2 also imposes criminal liability on any other person who acts in collusion with the owner to violate the Act.
  • Section 2 further imposes criminal liability on any person who acts solely on his own to violate the Act.
  • Section 2 requires conviction before the penalties, forfeiture, and related consequences apply.

Penalties, forfeiture, and consequences

  • Section 2 provides that, upon conviction, the violator must suffer a fine of not less than PHP 1,000.00 but not more than PHP 2,000.00, in the discretion of the court.
  • Section 2 provides subsidiary imprisonment in case of insolvency.
  • Section 2 mandates that the land shall be forfeited in favor of the government upon conviction.
  • Section 2 bars the landowner from being entitled to a refund of whatever he shall have paid by way of amortization.
  • Section 2 bars the guilty party or parties from being entitled to restitution or refund of any advances or expenses, rents or any amount on account of said tenancy relation.
  • Section 2 provides special consequences for the instituted tenant: the tenant so instituted and included as a party litigant in the case shall not be entitled to security of tenure and shall be ordered ejected by the court in the same proceedings.

Juridical persons and individual liability

  • Section 2 provides that when the violator is a juridical person, the juridical person and the principal officers and its manager are individually liable.
  • Section 2 extends liability to the person who has charge of the management or administration of the property, and, in his default, to the person acting in his stead.
  • Section 2 requires individual liability in the manner specified when the violator is a juridical person.

Court jurisdiction and case initiation

  • Section 4 authorizes the Ministry of Agrarian Reform, through its appropriate agencies or offices, to initiate necessary action motu propio.
  • Section 4 also allows initiation upon the complaint of any interested party.
  • Section 4 prohibits dismissal of such complaints on mere desistance by the complainant: no complaint shall be dismissed upon mere desistance.
  • Section 4 gives exclusive original jurisdiction over cases under the Act to the Regional Trial Courts.

Implementing rules and effectivity

  • Section 5 directs the Ministry of Agrarian Reform to promulgate rules and regulations to carry out the Act effectively.
  • Section 7 provides that the Act takes effect upon its approval.
  • Section 6 repeals and modifies all laws, decrees, rules and regulations inconsistent with the Act.

Issuance details

  • Batas Pambansa Blg. 869 is titled “AN ACT PROHIBITING THE ESTABLISHMENT OF SHARE TENANCY OR AGRICULTURAL LEASEHOLD RELATION IN LANDS ACQUIRED UNDER THE AGRARIAN REFORM PROGRAM OF THE GOVERNMENT, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES.”
  • The measure is approved on April 18, 1985, and takes effect upon its approval under Section 7.

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